People

Alan Roxburgh

Year of Call: 1992

Clerk: Tony Burgess tony.burgess@brickcourt.co.uk

Alan Roxburgh

Year of Call: 1992

Clerk: Tony Burgess   tony.burgess@brickcourt.co.uk

Expertise

Overview

Alan Roxburgh’s recent work includes advising former shareholders in Madoff feeder funds in relation to claims to recover redemption payments and acting for the defendants in proceedings relating to the reorganisation of an investment structure. He has also been acting for banks in disputes about precious metals, interest rate swaps, the recognition of trusts and cross-border insolvency, and for a multinational pharmaceutical company in proceedings against its IT infrastructure provider, and has been advising on a number of energy contracts and disputes about share options, share mortgages, reflective loss and rights of indemnity.

About

Alan Roxburgh has returned to a general commercial practice after having acted as counsel to the Bloody Sunday Inquiry from shortly after it was established in 1998 until its conclusion twelve years later. He was involved throughout in advising and assisting the Tribunal chaired by Lord Saville of Newdigate, and took a major part in the hearings in Northern Ireland and in London. The Inquiry was of unprecedented length and complexity, and received the written or oral evidence of more than 2,400 witnesses. The ten volumes of the Tribunal's report were published on 15 June 2010.

Before the Bloody Sunday Inquiry, Alan Roxburgh had appeared in the British Coal Respiratory Disease Litigation, in which he acted for the defendants at the trial of the lead actions in the largest occupational disease group litigation ever conducted in England. He had also acted for the defendants in a major professional negligence trial relating to the acquisition of a reinsurance company.

practice areas

Alan Roxburgh has a general commercial practice.

Commercial

Alan Roxburgh has recently been extensively advising and representing former registered shareholders in the largest of the Madoff feeder funds, now in liquidation, in relation to a series of restitution claims brought against them in the British Virgin Islands, which culminated in appeals to the Privy Council in which summary judgment in their favour was upheld. His other recent work includes acting for the defendants in proceedings relating to the reorganisation of an investment structure, for banks in disputes about precious metals, interest rate swaps, the recognition of trusts and cross-border insolvency, and for a multinational pharmaceutical company in proceedings against its IT infrastructure provider. He has also been advising on a number of energy contracts and disputes about share options, share mortgages, reflective loss and rights of indemnity.

Reported Cases

ABN AMRO Fund Services (Isle of Man) Nominees Ltd v Krys (BVIHC (COM) 2009/0136, 11 March 2016) (application for order reversing decision of liquidators to bring foreign proceedings and/or for anti-suit injunction)

Akers v Samba Financial Group [2014] EWHC 540 (Ch), [2014] 16 ITELR 808; [2014] EWCA Civ 1516, [2015] Ch 451 CA (effect of Recognition of Trusts Act 1987 on law applicable to the alienation of equitable title upon a declaration of trust)

Fairfield Sentry Ltd v Migani [2014] UKPC 9, [2014] 1 CLC 611 (claims against former shareholders in Madoff feeder fund for restitution of redemption payments dismissed on preliminary issues as to the finality of determination of net asset value per share)

Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP [2014] EWHC 551 (Comm) (whether defendant subject to freezing order should be further restrained from entering into transaction to raise funds to pay litigation costs)

Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP [2014] EWHC 1052 (Comm) (collateral waiver of legal professional privilege)

Standard Bank plc v Via Mat International Ltd [2013] EWCA Civ 490, [2013] 2 All ER (Comm) 1222 (appeal against summary judgment in claim against transport and storage companies for damages for loss of silver consignments)

AstraZeneca UK Ltd v International Business Machines Corporation [2011] EWHC 306 (TCC) (issues of construction arising in connection with termination of master agreement for provision of global IT infrastructure services); [2011] EWHC 3373 (TCC) (exercise of discretion to award costs on indemnity basis to reflect contractual entitlement)

The Bloody Sunday Inquiry (public inquiry into shootings in Derry/Londonderry on 30 January 1972)

R (A) v Lord Saville of Newdigate (No. 2) [2001] EWHC Admin 888; [2001] EWCA Civ 2048, [2002] 1 WLR 1249 CA (principles applicable to tribunal's determination of venue for oral evidence in case of alleged risk to life)

R v Lord Saville of Newdigate, ex parte A [1999] EWHC Admin 556; [1999] EWCA Civ 3012, [2000] 1 WLR 1855 CA (whether refusal by tribunal of inquiry to grant anonymity unfair or unreasonable)

R v Lord Saville of Newdigate, ex parte B [1999] EWHC Admin 232; [1999] EWCA Civ 1136 (effect of previous grant of anonymity on a subsequent public inquiry)

British Coal Respiratory Disease Litigation (Turner J, 23 January 1998) (trial of lead actions for damages for respiratory disease caused by occupational exposure to mine dust)

Republic of India v India Steamship Co Ltd, The Indian Endurance and Indian Grace (No. 2) [1994] 2 Lloyd's Rep 331 Adm Ct; [1997] 2 WLR 538 CA; [1998] AC 878 HL (effect of s 34, Civil Jurisdiction and Judgments Act 1982 in Admiralty action in rem)

Camdex International Ltd v Bank of Zambia [1997] EWCA Civ 798, [1997] CLC 714 (whether foreign exchange control legislation enforceable in England)

Nederlandse Reassurantie Groep Holding NV v Bacon & Woodrow [1995] 2 Lloyd's Rep 404 Com Ct (admissibility of contents of witness statement no longer remembered by the witness at time of trial); [1997] LRLR 678 Com Ct (trial of major professional negligence action against consulting actuaries in respect of advice given to purchaser of reinsurance company)

Mahkutai (Owners of cargo lately laden on board) v Mahkutai (Owners), The Mahkutai [1996] AC 650 PC (whether shipowners entitled to rely on exclusive jurisdiction clause in charterers' bill of lading)

Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran [1994] 1 AC 438 HL (rejection of documents under letter of credit / test for grant of leave to serve out of the jurisdiction)

Publications

‘Bankers’ in Professional Negligence and Liability (Informa, 2014)

Qualifications

MA (Oxon)

Diploma in Law (City University)

Barrister, Middle Temple

Pupillage at Brick Court Chambers

Barrister, Eastern Caribbean Supreme Court (Virgin Islands)

Directory Quotes

  • "A true rising star; he has gravitas beyond his years." (The Legal 500 2014)
  • "Experienced in professional negligence, banking and shipping disputes." (The Legal 500 2014)
  • "excellent advocate" (The Legal 500, 2007)
  • "extremely hardworking" (The Legal 500, 2005)

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)